The attorney of a local gynecologist indicted on multiple counts of possession of child pornography has filed a motion to suppress the key piece of evidence.

Dr. Antonio Salinas was arrested in June 2017 and later indicted on 35 counts of possession of child pornography after a USB was found in his truck when it was being serviced at a local dealership.

Uriel Druker, Salinas’ attorney, states in a motion he filed that “any evidence obtained by law enforcement or a private person in violation of law” should not be admitted. The evidence was unlawfully obtained because the car dealership employees took a USB they found in Salinas’ vehicle and plugged it into a laptop without his consent, Druker said.

Druker said LPD Officer David Paz saw the contents of the USB without first obtaining a search warrant.

Paz testified that he checked the USB to see if an actual crime may have been committed.

The employees told police they checked out the USB because the USB port in Salinas’ vehicle was not working. They wanted to see whether the problem was with the USB itself or the port, they said to police.

Paz testified that when he arrived at the dealership, he asked the employees to take him to their laptop and show him where the files were located. He said he then saw seven pictures of young females without any clothing on. He said the girls in the pictures appeared to be between the ages of 11 and 14 and that in some of the pictures the girls were in provocative poses while other girls’ private parts were exposed.

According to Druker’s motion, LPD special investigations detectives “subsequently applied for several search warrants” based on the information provided by Paz and voluntary written statements from the dealership employees.

Druker argued that the employees’ accounts used to obtain the search warrants were false. The employees had lied to police out of fear of the potential criminal consequences of their involvement in illegally accessing the USB, according to the motion.

Eden Salinas, former employee of the car dealership, testified that he was the one that grabbed the USB from the truck. When asked by Druker if he was aware that the statement given to police was false, Salinas said yes.

Salinas said he grabbed the USB out of curiosity and to look for music. When the images were discovered, Salinas said that he asked his coworker to talk to the police because they feared getting in trouble.

“That was just said so we could protect ourselves, just in case for our jobs,” Salinas said. “But we still got fired.”

Chief Assistant District Attorney Marisela Jacaman argued that the discovery of the USB was not deliberate.

Jose Martin Bedolla, service advisor at the car dealership, testified that Antonio Salinas went to the dealership because the service engine light of his truck was on. He also asked that the dealership inspect his glove compartment, Bedolla said.

Bedolla read the disclaimer found at the bottom of a receipt that states customers understand that the “company assumes no responsibility for loss or damage to the vehicle or its contents.”

Salinas assumed the risk that there would be intrusion of his privacy because he left his truck at the dealership knowing they have a sign that reads they are not responsible for theft or damages, Jacaman said.

“This USB was found basically just thrown on the inside of the truck along with some other things,” she said.

406th District Court Judge Oscar J. Hale Jr. asked proscutors to submit a brief by Oct. 12 and the defense to reply by Oct. 16.

Hale will decide whether to suppress the evidence after reviewing both briefs.